TaxTMI 
TaxTMI 
2021 (2) TMI 1237
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....d another application for bail before same Court. The said application was rejected on 9th July, 2018. 4. The applicant then approached this Court seeking bail on merits. Application was rejected on 30th January, 2020. While passing the said order, this Court has taken into consideration, evidence on record and observed that, in view of nature of evidence against applicant, no case for grant of bail is made out. In pursuant to that the applicant had preferred Special Leave Petition before the Hon'ble Supreme Court on 30th March, 2020 challenging Order dated 30th January, 2020 passed by this Court, rejecting application for bail. 5. The Hon'ble Supreme Court by Order dated 8th April, 2020 granted bail on medical grounds for a period of four weeks. He was directed to surrender after a period of four weeks. The contention of the applicant was that he has been diagnosed with Neuroendocrine neoplasm which is akin to cancerous tumor which requires urgent proper investigation. Thereafter, the applicant preferred Misc. Application No. 925/2020 before the Apex Court for extension of interim bail. The Hon'ble Supreme Court by Order dated 8th May, 2020 issued notice to respondents and e....
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....ases. The applicant has been acquitted in other cases. It is further submitted that the applicant is ailing from serious disease, which is evident from the medical case papers, which are placed before the Court. Interim bail was granted by Apex Court on medical ground which has been extended from time to time. Learned counsel for the applicant also placed on record the certificate dated 8th July, 2020 issued by Shaswat Hospital, stating that as per Sasoon Hospital report dated 7th July, 2020, the applicant is suffering from pulmonary tuberculosis and require treatment. As per advice of oncho physician dated 24th June, 2020 chemotherapy advised will be given after the tuberculosis treatment is over. He relied upon medical case papers of Sasoon Hospital. The Supreme Court while extending bail vide order dated 26th May, 2020 had observed that in the affidavit by state, it is accepted that the applicant suffers from cancer and required multiple courses of chemotherapy. If there is any doubt regarding medical case papers. The applicant may be directed to be examined by any other doctor. It is submitted that the applicant is undergoing treatment and bail can be granted to him on merits a....
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....as extended till 27th February, 2021. The applicant preferred application for bail on merits as well on medical ground before Special Court on 13th June, 2020. The said application was rejected on 9th July, 2020. It was submitted before the Special Judge that applicant is cancer patient. He is in custody for Five years. Due to Covid situation it is unsafe to be in custody. The Special Court observed that applications were rejected by the said Court and also by High Court. Prosecution pointed out that sufficient care is taken of all inmates. It was also submitted at the instance of applicant that, applicant is diagnosed with neuroendocrine neoplasm which is a kin to cancer. The Court observed that, certificate issued by Dr. Dattatraya Andure, Onco Life Cancer Centre dated 24th June, 2020 which requires chemotherapy depending upon review of IHC and PET CT SCAN. The said treatment is available at Sasoon Hospital. Hon'ble Supreme Court principally granted interim bail for investigation. Application was rejected. 12. Learned APP submitted police report dated 24th February, 2021 opposing bail. From documents on record it appears that Police Inspector was directed to conduct enquiry an....
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....and signature. Applicant was requesting that letter be issued that he needs chemotherapy. Dr.Andure told him that he do not require chemotherapy and such letter cannot be issued to him. Dr. Andure was shown photocopy of letter dated 24th June, 2020 wherein it was stated that patient needs to be treated by chemotherapy 3 weekly for six cycles depending upon review of IHC and PET CT Scan. Doctor denied having issued such letter and stated that the handwriting and signature is not his. The police report indicate that, during enquiry and from documents received, it is disclosed that applicant by using report of Sasoon Hospital approached Shaswat Hospital and obtained certificate of Neuroendocrine colonic malignancy and for further treatment claiming interim bail. DOTA PET Scan test report were not shown to medical officers. Enquiry with doctors from Sasoon hospital revealed that applicant do not require any surgery or chemotherapy. The report contains statement of Dr.Amol Galge dated 18th February, 2021. He has stated that applicant was brought to Ruby Hall Clinic hospital for DOTA PET Scan. On 17th March, 2020 he conducted PET Scan and gave report. In the PET Scan he did not find SOMA....